Missouri Supreme Court chief justice: the state of the judiciary is good

The Missouri Supreme Court chief justice emphasized judicial independence, criminal justice reform and funding for treatment courts during his 2019 State of the Judiciary Address in Jefferson City on Wednesday.

Missouri Supreme Court Chief Justice Zel Fischer delivers the State of the Judiciary Address on January 30, 2019. House Speaker Elijah Haahr (left) and Lt. Governor Mike Kehoe are behind him (photo courtesy of Tim Bommel at House Communications)

Chief Justice Zel Fischer, who’s from northwest Missouri’s Tarkio, spoke to a joint session of the Legislature inside the House chamber.

The chief justice tells lawmakers to save our prisons “for those we are afraid of, not just mad at.”

“Over-incarcerating nonviolent offenders, especially drug and alcohol offenders, costs us millions and is not curing the problem. We need to spend public funds where we see proven results,” Fischer says.

Fischer is calling on lawmakers to approve the governor’s proposal to provide $3 million in additional funding to expand treatment court services.

Chief Justice Fischer also says too many Missourians who are arrested cannot afford bail even for low-level offenses and remain jailed waiting for a court hearing.

Missouri Supreme Court Chief Justice Zel Fischer shakes hands with lawmakers before the State of the Judiciary Address on January 30, 2019 (photo courtesy of Tim Bommel at House Communications)

“We all share a responsibility to protect the public, but we also have a responsibility to ensure that those accused of crime are fairly treated according to the law, and not their pocket book,” says Fischer.

Fischer says that under the new rules, a court could only order a defendant’s pretrial detention if it determines that “no combination of non-monetary and monetary conditions will ensure safety of the community or any person.”

The new rules take effect July 1. The chief justice describes the changes as “extensive and meaningful.”

Fischer is also emphasizing the importance of judicial independence. During his address, Fischer paraphrased U.S. Supreme Court Chief Justice John Roberts, who says judges do not sit on opposite sides of an aisle.

“They do not caucus in separate rooms. They do not serve one party or interest. They serve one nation. Or, in our instance, one Missouri,” Fischer says.

Fischer tells lawmakers the state’s nonpartisan court plan is the best method of selecting judges for urban and appellate courts and the Missouri Supreme Court. He notes West Virginia’s entire Supreme Court faced impeachment last year, adding that West Virginia has partisan elections.